SECTION 8: CONTROL OF ANTI-COMPETITIVE PRACTICES IN CONTRACTUAL LICENCES 第8节：在契约许可中反竞争做法的控制 Article 40第40条 1. Members agree that some licensing practices or conditions pertaining to intellectual property rights which restSECTION 8: CONTROL OF ANTI-COMPETITIVE PRACTICES IN CONTRACTUAL
1. Members agree that some licensing practices or conditions pertaining to intellectual property rights which restrain competition may have adverse effects on trade and may impede the transfer and dissemination of technology.
2. Nothing in this Agreement shall prevent Members from specifying in their legislation licensing practices or conditions that may in particular cases constitute an abuse of intellectual property rights having an adverse effect on competition in the relevant market. As provided above，a Member may adopt，consistently with the other provisions of this Agreement，appropriate measures to prevent or control such practices，which may include for example exclusive grantback conditions，conditions preventing challenges to validity and coercive package licensing，in the light of the relevant laws and regulations of that Member.
3. Each Member shall enter，upon request，into consultations with any other Member which has cause to believe that an intellectual property right owner that is a national or domiciliary of the Member to which the request for consultations has been addressed is undertaking practices in violation of the requesting Member's laws and regulations on the subject matter of this Section，and which wishes to secure compliance with such legislation，without prejudice to any action under the law and to the full freedom of an ultimate decision of either Member. The Member addressed shall accord full and sympathetic consideration to，and shall afford adequate opportunity for，consultations with the requesting Member，and shall cooperate through supply of publicly available non-confidential information of relevance to the matter in question and of other information available to the Member，subject to domestic law and to the conclusion of mutually satisfactory agreements concerning the safeguarding of its confidentiality by the requesting Member.
4. A Member whose nationals or domiciliaries are subject to proceedings in another Member concerning alleged violation of that other Member's laws and regulations on the subject matter of this Section shall，upon request，be granted an opportunity for consultations by the other Member under the same conditions as those foreseen in paragraph 3.
PART III Enforcement of Intellectual Property Rights第三部分 知识产权的实施
SECTION 1: GENERAL OBLIGATIONS第1节：一般义务
1. Members shall ensure that enforcement procedures as specified in this Part are available under their law so as to permit effective action against any act of infringement of intellectual property rights covered by this Agreement，including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
2. Procedures concerning the enforcement of intellectual property rights shall be fair and equitable. They shall not be unnecessarily complicated or costly，or entail unreasonable time-limits or unwarranted delays.
3. Decisions on the merits of a case shall preferably be in writing and reasoned. They shall be made available at least to the parties to the proceeding without undue delay. Decisions on the merits of a case shall be based only on evidence in respect of which parties were offered the opportunity to be heard.
4. Parties to a proceeding shall have an opportunity for review by a judicial authority of final administrative decisions and，subject to jurisdictional provisions in a Member's law concerning the importance of a case，of at least the legal aspects of initial judicial decisions on the merits of a case. However，there shall be no obligation to provide an opportunity for review of acquittals in criminal cases.
5. It is understood that this Part does not create any obligation to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general，nor does it affect the capacity of Members to enforce their law in general. Nothing in this Part creates any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and the enforcement of law in general.
SECTION 2: CIVIL AND ADMINISTRATIVE PROCEDURES AND REMEDIES
Article 42 Fair and Equitable Procedures
Members shall make available to right holders11 civil judicial procedures concerning the enforcement of any intellectual property right covered by this Agreement. Defendants shall have the right to written notice which is timely and contains sufficient detail，including the basis of the claims. Parties shall be allowed to be represented by independent legal counsel，and procedures shall not impose overly burdensome requirements concerning mandatory personal appearances. All parties to such procedures shall be duly entitled to substantiate their claims and to present all relevant evidence. The procedure shall provide a means to identify and protect confidential information，unless this would be contrary to existing constitutional requirements.
Article 43 Evidence第43条 证据
1. The judicial authorities shall have the authority，where a party has presented reasonably available evidence sufficient to support its claims and has specified evidence relevant to substantiation of its claims which lies in the control of the opposing party，to order that this evidence be produced by the opposing party，subject in appropriate cases to conditions which ensure the protection of confidential information.
2. In cases in which a party to a proceeding voluntarily and without good reason refuses access to，or otherwise does not provide necessary information within a reasonable period，or significantly impedes a procedure relating to an enforcement action，a Member may accord judicial authorities the authority to make preliminary and final determinations， affirmative or negative，on the basis of the information presented to them，including the complaint or the allegation presented by the party adversely affected by the denial of access to information, subject to providing the parties an opportunity to be heard on the allegations or evidence.
Article 44 Injunctions第44条 禁令
1. The judicial authorities shall have the authority to order a party to desist from an infringement，inter alia to prevent the entry into the channels of commerce in their jurisdiction of imported goods that involve the infringement of an intellectual property right，immediately after customs clearance of such goods. Members are not obliged to accord such authority in respect of protected subject matter acquired or ordered by a person prior to knowing or having reasonable grounds to know that dealing in such subject matter would entail the infringement of an intellectual property right.
2. Notwithstanding the other provisions of this Part and provided that the provisions of Part II specifically addressing use by governments，or by third parties authorized by a government，without the authorization of the right holder are complied with，Members may limit the remedies available against such use to payment of remuneration in accordance with subparagraph (h) of Article 31. In other cases，the remedies under this Part shall apply or，where these remedies are inconsistent with a Member's law，declaratory judgments and adequate compensation shall be available.
Article 45 Damages第45条 损害赔偿金
1. The judicial authorities shall have the authority to order the infringer to pay the right holder damages adequate to compensate for the injury the right holder has suffered because of an infringement of that person's intellectual property right by an infringer who knowingly，or with reasonable grounds to know, engaged in infringing activity.
2. The judicial authorities shall also have the authority to order the infringer to pay the right holder expenses，which may include appropriate attorney's fees. In appropriate cases， Members may authorize the judicial authorities to order recovery of profits and/or payment of pre-established damages even where the infringer did not knowingly，or with reasonable grounds to know, engage in infringing activity.
Article 46 Other Remedies第46条 其他救济
In order to create an effective deterrent to infringement，the judicial authorities shall have the authority to order that goods that they have found to be infringing be，without compensation of any sort，disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder，or，unless this would be contrary to existing constitutional requirements，destroyed. The judicial authorities shall also have the authority to order that materials and implements the predominant use of which has been in the creation of the infringing goods be，without compensation of any sort， disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements. In considering such requests, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account. In regard to counterfeit trademark goods，the simple removal of the trademark unlawfully affixed shall not be sufficient，other than in exceptional cases，to permit release of the goods into the channels of commerce.
Article 47 Right of Information第47条 知情权
Members may provide that the judicial authorities shall have the authority，unless this would be out of proportion to the seriousness of the infringement，to order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or services and of their channels of distribution.
Article 48 Indemnification of the Defendant第48条 对被告的赔偿
1.The judicial authorities shall have the authority to order a party at whose request measures were taken and who has abused enforcement procedures to provide to a party wrongfully enjoined or restrained adequate compensation for the injury suffered because of such abuse. The judicial authorities shall also have the authority to order the applicant to pay the defendant expenses，which may include appropriate attorney's fees.
2.In respect of the administration of any law pertaining to the protection or enforcement of intellectual property rights，Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith in the course of the administration of that law.
Article 49 Administrative Procedures第49条 行政程序
To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case，such procedures shall conform to principles equivalent in substance to those set forth in this Section.
SECTION 3: PROVISIONAL MEASURES第3节：临时措施
1.The judicial authorities shall have the authority to order prompt and effective provisional measures：
(a)to prevent an infringement of any intellectual property right from occurring，and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods， including imported goods immediately after customs clearance；
(b)to preserve relevant evidence in regard to the alleged infringement.
2.The judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate，in particular where any delay is likely to cause irreparable harm to the right holder，or where there is a demonstrable risk of evidence being destroyed.
3.The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant's right is being infringed or that such infringement is imminent，and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse.
4.Where provisional measures have been adopted inaudita altera parte，the parties affected shall be given notice，without delay after the execution of the measures at the latest. A review，including a right to be heard，shall take place upon request of the defendant with a view to deciding，within a reasonable period after the notification of the measures，whether these measures shall be modified，revoked or confirmed.
5.The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures.
6.Without prejudice to paragraph 4，provisional measures taken on the basis of paragraphs 1 and 2 shall，upon request by the defendant，be revoked or otherwise cease to have effect，if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Member's law so permits or，in the absence of such a determination， not to exceed 20 working days or 31 calendar days, whichever is the longer.
7.Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant，or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right，the judicial authorities shall have the authority to order the applicant，upon request of the defendant， to provide the defendant appropriate compensation for any injury caused by these measures.
8.To the extent that any provisional measure can be ordered as a result of administrative procedures，such procedures shall conform to principles equivalent in substance to those set forth in this Section.
SECTION 4: SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES 12
Article 51 Suspension of Release by Customs Authorities
Members shall，in conformity with the provisions set out below，adopt procedures13 to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods14 may take place，to lodge an applicationin writing with competent authorities, administrative or judicial，for the suspension by the customs authorities of the release into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights，provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.counterfeit trademark or pirated copyright goods may take place，to lodge an application in writing with competent authorities，administrative or judicial，for the suspension by the customs authorities of the release into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights，provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.
Article 52 Application第52条 申请
Any right holder initiating the procedures under Article 51 shall be required to provide adequate evidence to satisfy the competent authorities that，under the laws of the country of importation，there is prima facie an infringement of the right holder's intellectual property right and to supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities. The competent authorities shall inform the applicant within a reasonable period whether they have accepted the application and， where determined by the competent authorities，the period for which the customs authorities will take action.
Article 53 Security or Equivalent Assurance第53条 担保或同等保证
1.The competent authorities shall have the authority to require an applicant to provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures.
2.Where pursuant to an application under this Section the release of goods involving industrial designs，patents，layout-designs or undisclosed information into free circulation has been suspended by customs authorities on the basis of a decision other than by a judicial or other independent authority，and the period provided for in Article 55 has expired without the granting of provisional relief by the duly empowered authority，and provided that all other conditions for importation have been complied with，the owner， importer，or consignee of such goods shall be entitled to their release on the posting of a security in an amount sufficient to protect the right holder for any infringement. Payment of such security shall not prejudice any other remedy available to the right holder，it being understood that the security shall be released if the right holder fails to pursue the right of action within a reasonable period of time.
Article 54 Notice of Suspension第54条 中止放行的通知
The importer and the applicant shall be promptly notified of the suspension of the release of goods according to Article 51.
Article 55 Duration of Suspension第55条 中止放行的时限
If，within a period not exceeding 10 working days after the applicant has been served notice of the suspension，the customs authorities have not been informed that proceedings leading to a decision on the merits of the case have been initiated by a party other than the defendant，or that the duly empowered authority has taken provisional measures prolonging the suspension of the release of the goods, the goods shall be released，provided that all other conditions for importation or exportation have been complied with，in appropriate cases，this time-limit may be extended by another 10 working days. If proceedings leading to a decision on the merits of the case have been
initiated，a review，including a right to be heard, shall take place upon request of the defendant with a view to deciding，within a reasonable period，whether these measures shall be modified，revoked or confirmed. Notwithstanding the above，where the suspension of the release of goods is carried out or continued in accordance with a provisional judicial measure，the provisions of paragraph 6 of Article 50 shall apply.
Article 56 Indemnification of the Importer and of the Owner of the Goods
Relevant authorities shall have the authority to order the applicant to pay the importer，the consignee and the owner of the goods appropriate compensation for any injury caused to them through the wrongful detention of goods or through the detention of goods released pursuant to Article 55.
Article 57 Right of Inspection and Information第57条 检验和知情权
Without prejudice to the protection of confidential information，Members shall provide the competent authorities the authority to give the right holder sufficient opportunity to have any goods detained by the customs authorities inspected in order to substantiate the right holder's claims. The competent authorities shall also have authority to give the importer an equivalent opportunity to have any such goods inspected. Where a positive determination has been made on the merits of a case，Members may provide the competent authorities the authority to inform the right holder of the names and addresses of the consignor，the importer and the consignee and of the quantity of the goods in question.
Article 58 Ex Officio Action第58条 依职权的行动
Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed：
(a)the competent authorities may at any time seek from the right holder any information that may assist them to exercise these powers；
(b)the importer and the right holder shall be promptly notified of the suspension. Where the importer has lodged an appeal against the suspension with the competent authorities, the suspension shall be subject to the conditions，mutatis mutandis，set out at Article 55；
(c)Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith.
Article 59 Remedies第59条 救济
Without prejudice to other rights of action open to the right holder and subject to the right of the defendant to seek review by a judicial authority，competent authorities shall have
the authority to order the destruction or disposal of infringing goods in accordance with the principles set out in Article 46. In regard to counterfeit trademark goods，the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subject them to a different customs procedure，other than in exceptional circumstances.
Article 60 De Minimis Imports
Members may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments.
SECTION 5: CRIMINAL PROCEDURES 第5节：刑事程序
Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent，consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure，forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence. Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights，in particular where they are committed wilfully and on a commercial scale.
PART IV Acquisition and maintenance of intellectual property rights and related inter-partes procedures
1.Members may require, as a condition of the acquisition or maintenance of the intellectual property rights provided for under Sections 2 through 6 of Part II，compliance with reasonable procedures and formalities. Such procedures and formalities shall be consistent with the provisions of this Agreement.
2.Where the acquisition of an intellectual property right is subject to the right being granted or registered，Members shall ensure that the procedures for grant or registration， subject to compliance with the substantive conditions for acquisition of the right，permit the granting or registration of the right within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection.
3.Article 4 of the Paris Convention (1967) shall apply mutatis mutandis to service marks.
4.Procedures concerning the acquisition or maintenance of intellectual property rights and，where a Member's law provides for such procedures，administrative revocation and inter partes procedures such as opposition，revocation and cancellation，shall be governed by the general principles set out in paragraphs 2 and 3 of Article 41.
5.Final administrative decisions in any of the procedures referred to under paragraph 4 shall be subject to review by a judicial or quasi-judicial authority. However，there shall be
no obligation to provide an opportunity for such review of decisions in cases of unsuccessful opposition or administrative revocation，provided that the grounds for such procedures can be the subject of invalidation procedures.
PART V Dispute Prevention and Settlement第五部分 争端的防止和解决
Article 63 Transparency第63条 透明度
1.Laws and regulations，and final judicial decisions and administrative rulings of general application，made effective by a Member pertaining to the subject matter of this Agreement (the availability，scope，acquisition，enforcement and prevention of the abuse of intellectual property rights) shall be published, or where such publication is not practicable made publicly available，in a national language，in such a manner as to enable governments and right holders to become acquainted with them. Agreements concerning the subject matter of this Agreement which are in force between the government or a governmental agency of a Member and the government or a governmental agency of another Member shall also be published.
2.Members shall notify the laws and regulations referred to in paragraph 1 to the Council for TRIPS in order to assist that Council in its review of the operation of this Agreement. The Council shall attempt to minimize the burden on Members in carrying out this obligation and may decide to waive the obligation to notify such laws and regulations directly to the Council if consultations with WIPO on the establishment of a common register containing these laws and regulations are successful. The Council shall also consider in this connection any action required regarding notifications pursuant to the obligations under this Agreement stemming from the provisions of Article 6ter of the Paris Convention (1967).
3.Each Member shall be prepared to supply, in response to a written request from another Member，information of the sort referred to in paragraph 1. A Member，having reason to believe that a specific judicial decision or administrative ruling or bilateral agreement in the area of intellectual property rights affects its rights under this Agreement，may also request in writing to be given access to or be informed in sufficient detail of such specific judicial decisions or administrative rulings or bilateral agreements.
4.Nothing in paragraphs 1，2 and 3 shall require Members to disclose confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises， public or private.
Article 64 Dispute Settlement第64条 争端解决
1.The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall apply to consultations and the settlement of disputes under this Agreement except as otherwise specifically provided herein.
2.Subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 shall not apply to the settlement of disputes under this Agreement for a period of five years from the date of entry into force of the WTO Agreement.
3.During the time period referred to in paragraph 2，the Council for TRIPS shall examine the scope and modalities for complaints of the type provided for under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 made pursuant to this Agreement，and submit its recommendations to the Ministerial Conference for approval. Any decision of the Ministerial Conference to approve such recommendations or to extend the period in paragraph 2 shall be made only by consensus，and approved recommendations shall be effective for all Members without further formal acceptance process.
PART VI Transitional Arrangements第六部分 过渡性安排
Article 65 Transitional Arrangements第65条 临时性安排
1.Subject to the provisions of paragraphs 2，3 and 4，no Member shall be obliged to apply the provisions of this Agreement before the expiry of a general period of one year following the date of entry into force of the WTO Agreement.
2.A developing country Member is entitled to delay for a further period of four years the date of application，as defined in paragraph 1，of the provisions of this Agreement other than Articles 3，4 and 5.
3.Any other Member which is in the process of transformation from a centrally-planned into a market，free-enterprise economy and which is undertaking structural reform of its intellectual property system and facing special problems in the preparation and implementation of intellectual property laws and regulations，may also benefit from a period of delay as foreseen in paragraph 2.
4.To the extent that a developing country Member is obliged by this Agreement to extend product patent protection to areas of technology not so protectable in its territory on the general date of application of this Agreement for that Member，as defined in paragraph 2， it may delay the application of the provisions on product patents of Section 5 of Part II to such areas of technology for an additional period of five years.
5.A Member availing itself of a transitional period under paragraphs 1，2，3 or 4 shall ensure that any changes in its laws，regulations and practice made during that period do not result in a lesser degree of consistency with the provisions of this Agreement.
Article 66 Least-Developed Country Members第66条 最不发达国家成员
1.In view of the special needs and requirements of least-developed country Members， their economic，financial and administrative constraints，and their need for flexibility to create a viable technological base，such Members shall not be required to apply the provisions of this Agreement，other than Articles 3，4 and 5，for a period of 10 years from the date of application as defined under paragraph 1 of Article 65. The Council for TRIPS shall，upon duly motivated request by a least-developed country Member，accord extensions of this period.
2.Developed country Members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to
least-developed country Members in order to enable them to create a sound and viable technological base.
Article 67 Technical Cooperation第67条 技术合作
In order to facilitate the implementation of this Agreement，developed country Members shall provide，on request and on mutually agreed terms and conditions，technical and financial cooperation in favor of developing and least-developed country Members. Such cooperation shall include assistance in the preparation of laws and regulations on the protection and enforcement of intellectual property rights as well as on the prevention of their abuse，and shall include support regarding the establishment or reinforcement of domestic offices and agencies relevant to these matters, including the training of personnel.
PART VII Institutional arrangements; final provisions第七部分 机构安排：最后条款
Article 68 Council for Trade-Related Aspects of Intellectual Property Rights
The Council for TRIPS shall monitor the operation of this Agreement and，in particular， Members' compliance with their obligations hereunder，and shall afford Members the opportunity of consulting on matters relating to the trade-related aspects of intellectual property rights. It shall carry out such other responsibilities as assigned to it by the Members，and it shall，in particular, provide any assistance requested by them in the context of dispute settlement procedures. In carrying out its functions，the Council for TRIPS may consult with and seek information from any source it deems appropriate. In consultation with WIPO，the Council shall seek to establish, within one year of its first meeting，appropriate arrangements for cooperation with bodies of that Organization.
Article 69 International Cooperation第69条 国际合作
Members agree to cooperate with each other with a view to eliminating international trade in goods infringing intellectual property rights. For this purpose，they shall establish and notify contact points in their administrations and be ready to exchange information on trade in infringing goods. They shall，in particular，promote the exchange of information and cooperation between customs authorities with regard to trade in counterfeit trademark goods and pirated copyright goods.
Article 70 Protection of Existing Subject Matter第70条 对现有客体的保护
1.This Agreement does not give rise to obligations in respect of acts which occurred before the date of application of the Agreement for the Member in question.
2.Except as otherwise provided for in this Agreement，this Agreement gives rise to obligations in respect of all subject matter existing at the date of application of this Agreement for the Member in question，and which is protected in that Member on the said date，or which meets or comes subsequently to meet the criteria for protection under the terms of this Agreement. In respect of this paragraph and paragraphs 3 and 4，copyright obligations with respect to existing works shall be solely determined under Article 18 of the Berne Convention (1971)，and obligations with respect to the rights of producers of phonograms and performers in existing phonograms shall be determined solely under Article 18 of the Berne Convention (1971) as made applicable under paragraph 6 of Article 14 of this Agreement.
3.There shall be no obligation to restore protection to subject matter which on the date of application of this Agreement for the Member in question has fallen into the public domain.
4.In respect of any acts in respect of specific objects embodying protected subject matter which become infringing under the terms of legislation in conformity with this Agreement， and which were commenced，or in respect of which a significant investment was made， before the date of acceptance of the WTO Agreement by that Member，any Member may provide for a limitation of the remedies available to the right holder as to the continued performance of such acts after the date of application of this Agreement for that Member. In such cases the Member shall，however，at least provide for the payment of equitable remuneration.
5.A Member is not obliged to apply the provisions of Article 11 and of paragraph 4 of Article 14 with respect to originals or copies purchased prior to the date of application of this Agreement for that Member.
6.Members shall not be required to apply Article 31，or the requirement in paragraph 1 of Article 27 that patent rights shall be enjoyable without discrimination as to the field of technology，to use without the authorization of the right holder where authorization for such use was granted by the government before the date this Agreement became known.
7.In the case of intellectual property rights for which protection is conditional upon registration，applications for protection which are pending on the date of application of this Agreement for the Member in question shall be permitted to be amended to claim any enhanced protection provided under the provisions of this Agreement. Such amendments shall not include new matter.
8.Where a Member does not make available as of the date of entry into force of the WTO Agreement patent protection for pharmaceutical and agricultural chemical products commensurate with its obligations under Article 27，that Member shall：
(a)notwithstanding the provisions of Part VI, provide as from the date of entry into force of the WTO Agreement a means by which applications for patents for such inventions can be filed；
(b)apply to these applications，as of the date of application of this Agreement，the criteria for patentability as laid down in this Agreement as if those criteria were being applied on the date of filing in that Member or, where priority is available and claimed，the priority date of the application；and
(c)provide patent protection in accordance with this Agreement as from the grant of the patent and for the remainder of the patent term，counted from the filing date in accordance with Article 33 of this Agreement，for those of these applications that meet the criteria for protection referred to in subparagraph (b).
9.Where a product is the subject of a patent application in a Member in accordance with paragraph 8(a)，exclusive marketing rights shall be granted，notwithstanding the provisions of Part VI，for a period of five years after obtaining marketing approval in that Member or until a product patent is granted or rejected in that Member, whichever period is shorter，provided that，subsequent to the entry into force of the WTO Agreement，a patent application has been filed and a patent granted for that product in another Member and marketing approval obtained in such other Member.
Article 71 Review and Amendment第71条 审议和修正
1.The Council for TRIPS shall review the implementation of this Agreement after the expiration of the transitional period referred to in paragraph 2 of Article 65. The Council shall，having regard to the experience gained in its implementation，review it two years after that date, and at identical intervals thereafter. The Council may also undertake reviews in the light of any relevant new developments which might warrant modification or amendment of this Agreement.
2.Amendments merely serving the purpose of adjusting to higher levels of protection of intellectual property rights achieved，and in force，in other multilateral agreements and accepted under those agreements by all Members of the WTO may be referred to the Ministerial Conference for action in accordance with paragraph 6 of Article X of the WTO Agreement on the basis of a consensus proposal from the Council for TRIPS.
Article 72 Reservations第72条 保留
Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.
Article 73 Security Exceptions第73条 安全例外
Nothing in this Agreement shall be construed：本协定的规定不应解释为：
(a) to require a Member to furnish any information the disclosure of which it considers contrary to its essential security interests；or
(b) to prevent a Member from taking any action which it considers necessary for the protection of its essential security interests；
(i) relating to fissionable materials or the materials from which they are derived；
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment；
taken in time of war or other emergency in international relations；or （c）to prevent a Member from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.